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Civil Procedure — personal jurisdiction — consent
By: WISCONSIN LAW JOURNAL STAFF//July 23, 2014//
Listen to this articleU.S. Court of Appeals for the 7th Circuit
Civil
Civil Procedure — personal jurisdiction — consent
In determining whether a foreign corporation consented to suit in Wisconsin, the court is not limited to the final contract between the parties.
“The district court inferred from this that the only terms in force between the parties are those in the master contract. As that contract does not specify where litigation will occur, Idento has not consented to suit in Wisconsin. The problem with that approach is that the inconsistent purchase-and-sale forms countermand each other; they leave the parties’ prior agreements unaffected. It takes a new agreement to knock out an old one, and the inconsistent forms mean that there has not been a new agreement. If the parties’ prior agreements include consent to litigate in Wisconsin, then this suit can proceed.”
Vacated and Remanded.
13-2300 BouMatic LLC v. Idento Operations BV
Appeal from the United States District Court for the Western District of Wisconsin, Conley, J., Easterbrook, J.
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